2.90.050 Exceptions to inspection and copying of city records.
A. The following city records are not subject to inspection or copying under this chapter:
1. Communications between any agency and the city attorney or other attorney engaged to represent the city which pertain to legal matters in actual or impending litigation. In addition, records privileged under the attorney/client or work-product privileges are included in this exception. However, this subsection does not protect from disclosure documents which were public records prior to the legal situation, and public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission to the attorney.
2. Personnel, payroll or medical files or records, or other files or records that reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy.
3. Records pertaining to juveniles unless disclosure is authorized by law.
4. Any records which are accorded confidential or privileged status by this code or which are accorded confidential or privileged status under state or federal law.
5. Records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information:
a. Could reasonably be expected to interfere with enforcement proceedings;
b. Would deprive a person of a right to a fair trial or an impartial adjudication;
c. Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
d. Could reasonably be expected to disclose the identity of a confidential source;
e. Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
f. Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
g. Could reasonably be expected to endanger the life or physical safety of an individual.
6. City records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature, if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it.
7. Records or information pertaining to a plan, program or procedure for establishing, maintaining, or restoring security in the city, or to a detailed description or evaluation of systems, facilities, or infrastructure in the city, but only to the extent that the production of the records or information:
a. Could reasonably be expected to interfere with the implementation or enforcement of the security plan, program or procedures;
b. Would disclose confidential guidelines for investigations or enforcement, and the disclosure could reasonably be expected to risk circumvention of the law; or
c. Could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare.
8. Bids until the time and date for bid opening (as may be amended); and proposals solicited for city procurement, until a final contract award has been made.
9. Trade secrets and commercial or financial information the disclosure of which would be likely to cause substantial harm to the competitive position of the person from whom the information was obtained.
10. Proprietary information which a manufacturer, consultant or provider reasonably requires to be kept privileged or confidential to protect the property interests of persons providing the information or data.
11. The name, address, or other personal identifying information of a person who has used materials made available to the public by the city library.
12. Information obtained by and in the custody of insurance carriers insuring the city and their attorneys and agents regarding possible and pending claims against the city.
13. Personal information other than name and address given to the city with the legitimate expectation of privacy in conjunction with licenses, permits or other city services.
14. Draft audit reports and supporting work papers until respective management officials have had the opportunity to review the draft audit findings for accuracy of fact and substance and provide written responses to the auditor. The maximum time allowed for this exemption will not exceed 30 days from the date of the draft audit report. Financial audits are released after council acceptance.
15. Appraisals used in property negotiations, during such negotiations, unless the city manager determines it is in the best interest of the city to release the information to the other party.
16. Income tax returns, Social Security numbers, employer identification numbers, and similar personal data, unless release of the information is necessary in litigation or an administrative proceeding.
17. Any records otherwise subject to disclosure under this chapter if the requester or the requester’s principal is in litigation with the city or a city agency in a judicial or administrative forum. Disclosure of any records relevant to that litigation, or reasonably likely to lead to the discovery of relevant evidence, shall be governed by the rules or orders of that forum (to include AS 40.25.122) and not by this chapter. (Ord. 08-003 § 23, 2008)